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RESOLUTION NO.2002-26 Kdo/10/28/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2002-13 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1727 EAST DYER ROAD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On September 23, 2002 the Planning Commission conducted a public hearing on Conditional Use Permit No. 2002-13. The Planning Commission, then continued the hearing until October 28, 2002. B. Conditional Use Permit No. 2002-13 has been filed with the City of Santa • Ana seeking a Type 20 Alcoholic Beverage Control license which allows the sale beer and wine for off-premise consumption for the property located at 1727 East Dyer Road. C. The Planning Commission determines that the following findings, which pursuant to Santa Ana Municipal Code Section 41-638, must be established in order to grant a Conditional Use Permit, have not been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? Section 41-132 of the Santa Ana Municipal Code sets forth specific guidelines for determining over-concentration of liquor licenses in the City. Subsection (1) defines over-concentration as one off-sale licensed establishment within 1,000 feet of another similar establishment. A Mobil Gas Station located at 1351 East Dyer Road is within 1,000 feet of this establishment. The State Department of Alcoholic Beverage Control has also determined this area to be over-concentrated since it has reached the maximum number of allowable off- sale outlets. The State allows two off-sale establishments in this census tract while six currently exist. Based upon the City and the State's over-concentration criteria, the proposed off- Resolution No. 2002-26 Page 1 of 4